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NAVY | BCNR | CY2006 | 10658-06
Original file (10658-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100


 SMW
 Docket No: 10658-06
 16 May 2007



Dear
This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 May 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 25 August 1995 you reenlisted in the Navy at age 25 after a prior period of honorable service. During November 1995, you reported for duty to the Naval Air Station in Keflavik, Iceland.
You then served without incident until 10 April 1997, when you received nonjudicial punishment (NJP) for two instances of failure to obey lawful orders by smuggling alcoholic beverages off of a military installation.
On 14 April 1997 your commanding officer (CO) initiated administrative separation action by reason of misconduct due to commission of a serious offense. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 22 April 1997 your CO directed a general discharge by reason of misconduct due to commission of a serious offense after stating that your customs violations were just one facet of your pattern of discreditable activity and your apparent disregard for law and regulations , and your lack of respect for authority left him with
no choice but to direct your separation. On 14 May. 1997 you were separated with a general discharge by reason of misconduct due to commission of a serious offense. At that time you were assigned an RE-4 reenlistment code, which means that you are neither recommended nor eligible for reenlistment.
Regulations direct the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,


W.       DEAN PFEI FFER
Executive Director




















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